Vj-187/2005/25

TELE-2 does not itself possess a telephone network but it provides intermediary telephone services. The way a consumer can get access to TELE-2's services is by dialling the number 1502 before dialling the telephone number. It follows that, the consumer must have a subscription with another telephone company before use TELE-2's services. Even so TELE-2 had an intensive advertisement campaign about its two telephone-rates, where in the adds the company offered "free of charge calls" to the consumers without monthly fee. Also, the advertisements of TELE2, which indicated the fee payable per minute did not inform consumers about the obligation to pay an interlocking fee for every call. Furthermore, the advertisements of TELE2 did not objectively compare TELE2's services with those of other competitors.

Decision:

The Competition Council established that the described behaviour was a deception of consumers, which infringed competition. The Competition Council imposed a fine of HUF 50 million (approx. EUR 190000) on TELE2 Magyarország for its unlawful behaviour. Due to the intensive nature of the advertisement campaign the unfair manipulation of consumer choice affected a wide scope of peoples. The company cooperated during the investigation, altered one of the advertisements before the procedure of the Competition Authority started, which fact was taken into consideration in setting the fines